Family Law Attorney Q&A

March 7th, 2012 by No comments »

When should I consult with a divorce attorney?

It is never too early in the process to consult with an attorney. Engaging with legal counsel early allows you to make informed decisions and avoid potential pitfalls – increasing your ability to achieve your goals. Remember, consulting with an Austin divorce attorney does not mean that you will be divorced; you may need information about the family law legal process. A common problem that I see is clients wait too long to contact an attorney to obtain legal advice and could have ended up with a better result if they had been informed about their options earlier.

What should I bring with me to the initial consultation?

Because family law matters can be very stressful, it is a good idea to write down any questions you have and bring them with you to the first meeting so nothing important is forgotten. You may also want to bring any documents relevant to your case if available – such as federal income tax returns, or documents concerning your assets and debts. If you signed a pre-marital agreement or any other kind of property agreement prior to or during your marriage, bring a copy to the consultation.

I was just served with divorce papers. What should I do?

You should retain a divorce attorney as soon as possible so they may provide legal advice regarding what has been requested and any hearings that have been scheduled. Once retained, your divorce attorney will file an answer on your behalf.

My spouse and I would like to only hire one attorney for our divorce. Is that possible?

In Texas, one attorney may not represent both spouses. Nor may a divorce attorney retained by one spouse give legal advice to the opposing party. Do some research to find out if your state allows representation by one attorney.

I understand that I have to go through mediation for my divorce. Is that true?

In Travis, Williamson and Hays Counties, mediation is required before a final hearing will be held in a family law case. In mediation, a trained, neutral third-party acts a facilitator for the settlement discussions between the parties and their respective attorneys. If an agreement cannot be reached during the mediation process, the parties may decide to resolve their issues via litigation.

How long will it take to get a divorce?

The time required to develop the final terms of your divorce is highly dependent on the number of issues to be resolved and the willingness of both parties to reach an agreement. In Texas, there is a statutory waiting period of 60 days after the Petition is filed before the divorce may be finalized.

Do both spouses have to consent to the divorce? What if one of us does not want the divorce?

Texas has a “no-fault” divorce statue. This means that a divorce can be obtained, even if only one spouse desires it. You do not need the agreement of your spouse to file the Original Petition for Divorce or to pursue a divorce.

What does it mean when an attorney is Board Certified in Family Law by the Texas Board of Legal Specialization?

A family law attorney who wants to be Board Certified in Family Law by the Texas Board of Legal Specialization applies to the Texas Board of Legal Specialization to take a day long written exam to become Board Certified in Family Law. Of the 78,032 attorneys licensed to practice law in Texas, only 691 are Board Certified in Family Law by the Texas Board of Legal Specialization, or less than one percent of the lawyers in the state of Texas.

* In addition to taking a written certification exam, family law attorneys applying for board certification in family law must have demonstrated extensive expertise in matters such as divorce, property division, child custody, child support, paternity and other matrimonial matters. Specific requirements include:

  • Must have been licensed to practice law for at least five years
  • Have devoted at least 35% of his/her practice to family law for the last three years
  • Have experience handling a wide variety of family law matters
  • Have received recommendations by fellow attorneys and judiciary members
  • Must pass a day-long written exam on family law issues such as divore and child custody
  • Demonstrate regular participation in family law continuing education seminars

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Legal Advice – How To Choose A Top Attorney

November 26th, 2011 by No comments »

It does not matter where you live; every town and city has a multitude of lawyers to choose from. This means that you have to be careful in your selection whenever you want to file a legal complaint or lawsuit, or need to defend yourself.

When you need the very best Carrollton attorney to represent you, be prepared to do a little investigative work. The legal system is very complex, forcing any Carrollton lawyer to specialize in a specific field. This is necessary, as it is virtually impossible to be familiar with all the laws and regulations put forward by the entire jurisdictional system. For that reason, you will have to locate a Carrollton attorney, familiar with that part of the law you need. Some legal advisors will be experts in the criminal field, while others focus more on Workers’ Compensation, social security disability law, and personal injuries.

If you need a Carrollton lawyer because, for instance, you were injured in a car accident due to someone else’s negligence, start by researching the accident lawyers in your neighborhood. Make a list of those you are interested in, and mark down their contact information. When you study their websites write down all significant data right next to their name on your list. How long have they been practicing personal injury law in Georgia? How many cases have they won? Who works at this law firm? How informative is the site?

Once you are familiar with the various websites, give each Carrollton attorney you have not eliminated yet a call. If you get a good vibe from the conversation and feel this Carrollton lawyer can really help you, book an appointment for a consultation. You will have to meet these legal counselors face to face to see if your gut feeling was right. When all the consultations have been completed, hire the lawyer you feel most comfortable with.

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Steps on How to Find a DUI Lawyer for Your Drunk Driving Legal Case

November 15th, 2011 by No comments »

Step 1 – list & rank your key criteria in selection of the DUI lawyer with the most critical criteria as criteria number 1, then followed by criteria number 2 and thereof. You may start off by limiting your focus within specific geographical areas and specialization in DUI practices only. If this produced a list of more than 10 short-listed candidates, then it is advisable to filter this list with your third criteria, such as their professional experience and reputation in the industry or if you have budget constraint, set your third criteria with the budget in mind. This will eventually get you to your final choice of around 5 DUI lawyers or so.

Step 2 – Next, try to search around the internet, looking out for information and background for these 5 DUI lawyers. Find their web-pages and run through their company profiles, especially their financial position and their level of competitiveness compared to their competitors in the same industry. Check out how many DUI cases have they handled prior to this, and what are their success rates? Explore and table out each of their strength by assessing their level of legal competency and how good they are in defending their clients against any DUI conviction.

Step 3 – Contact each of them and try to arrange for meets-up and interviews so that you can meet them face to face asking and getting questions from them in person. For those who had hesitantly setup the interview with you only weeks later claiming that they are very tied up currently with their scheduled all booked. You are advised to eliminate this particular DUI lawyer off your list for now.

Step 4 – Talk face to face with the DUI lawyer who will be handling your case in person. Ask whatever questions you have and take note of their answers clearly. It is crucial for you to ask very specific questions because you need to assess their proficiency and capability to handle your case, and if they are good enough to defend you against any convictions. DUI is a very serious offend and you need to be very cautious in getting the right specialized DUI lawyer to defend you before you can be declared a free man again from any DUI conviction!

Step 5 – By listening to the feedback and answers from these attorneys, I believe one can tell by instincts if they are sincere and really striving hard to do their best in defending you against your DUI charges. Trust your intuition, choose the one who has been listening patiently when you share your DUI cases with them, Make sure that they are familiar and precisely clear on your legal position and understanding your case thoroughly. Although no lawyer can guarantee you a positive outcome of the case, it surely minimizes your chances of losing out if you hired a competent and devoted attorney by all means.

Step 6 – Also, it never hurts to seek for second and third opinion, therefore seeking for opinion from your family members and colleagues who may have different perspectives in the DUI selection. Some of them may even share their practical advice should any of them had the same experience before.

The above steps are important in your DUI attorney selection. DUI offence is not an ordinary crime, if it has not being deal properly with the help of a skillful DUI attorney, you might find yourself getting into huge problems which may even change your complete life-style after this.

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